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Resolution
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3500 Pan American
Drive
Miami, FL 33133
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File Number: 12-00971 Final Action Date:
A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") TO
EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF MIAMI
("CITY"), TO RESOLVE THE DISPUTE BETWEEN THE CRA, THE CITY AND THE
COUNTY REGARDING OWNERSHIP OF BLOCK 45 AND BLOCK 56, NORTH CITY
OF MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "B',
AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
AND PORTIONS OF BLOCK 36 OF P.W. WHITES RE -SUB, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK "B" AT PAGE 34 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WHICH THE COUNTY CLAIMS
REVERTED TO THE COUNTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE AND AMEND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN
A FORM ACCEPTABLE TO THE SPECIAL COUNSEL.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA")
is responsible for carrying out community redevelopment activities and projects within its
Redevelopment Area in accordance with its approved Redevelopment Plan; and
WHEREAS, a dispute with Miami -Dade County, Florida (the "County"), the Southeast
Overtown/Park West community Redevelopment Agency (the "CRA"), and the City of Miami (the
"City") regarding ownership of Block 45 and Block 56, North City of Miami, according to the Plat
thereof, recorded in Plat Book "B", at Page 41 of the Public Records of Miami -Dade County, Florida
and portions of Block 36 of P.W. Whites Re -Sub, according to the Plat thereof, recorded in Plat Book
"B", at Page 34 of the Public Records of Miami -Dade County, Florida, which the County claims
reverted to the County; and has prevented the CRA from proceeding with redevelopment activities
with respect to the property affected by the following lawsuits (the "Pending Litigation"):
(i) Action styled City of Miami, et al., vs. Miami -Dade County, Case No. 07-46851 CA 31,
filed in the 11th Judicial Circuit in and for Miami -Dade County, Florida.
(ii) Action styled Miami -Dade County, Plaintiff, vs. City of Miami and Southeast
Overtown/Park West Community Redevelopment Agency, Defendants, Case No. 01-
13810, filed in the 11th Judicial Circuit in and for Miami -Dade County, Florida; and
WHEREAS, it is in the best interest of the City and the CRA to resolve the Pending Litigation
in accordance with the terms of the Settlement Agreement in substantially the attached form (the
"Settlement Agreement") with the City, CRA, and the County; and
WHEREAS, the City Commission wishes to authorize the CRA Executive Director to execute
the Settlement Agreement in substantially the form attached and further authorizing the CRA
City of Miami Page 1 of 2 File Id: 12-00971 (Version: 1) Printed On: 8/23/2024
File Number: 12-00971
Executive Director to execute all documents necessary to implement the Settlement Agreement in
substantially the form attached to the Settlement Agreement and any amendments thereto that the
CRA Executive Director deems appropriate to implement the Settlement Agreement in form
acceptable to the Special Counsel;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated herein as if fully set forth in this Section.
Section 2. The CRA Executive Director is hereby authorized {2} to execute the Settlement
Agreement, in substantially the attached form, and further authorized to execute all documents
necessary to implement the Settlement Agreement, in substantially the attached form, to the
Settlement Agreement and any amendments thereto that the CRA Executive Director deems
appropriate to implement the Settlement Agreement in form acceptable to the Special Counsel.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
:{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by City Commission.
City of Miami Page 2 of 2 File Id: 12-00971 (Version: 1) Printed On: 8/23/2024